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r _ � <br /> 78--- U � 29 �. (} <br /> i.ender's written agreemen[ or applicable law. Borrower shall pay the amount of all moRgage insurance premiums in the <br /> manner pYovided under paragraph 2 I�ereof. <br /> Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, shall become additional <br /> indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree co other terms of payment, such <br /> �f� amounu shall be payable upon notice from Lender to Horrower requesting payment thercof. and shall bear interest from the <br /> date oE disbursement at the rate payable from time to time on outstanding principal under the Note unless paymmt of <br /> ; intenst at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate � <br /> � permissible under applicable law. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take <br /> c j any aMion hereunder. <br /> ; 8. Inspection. Lender may mako or cause to be made reasonable entries upon and inspections of the Property, provided <br /> � that Lender shall give Borcower notice prior to any such inspection specifying rcasonable cause therefor related to Lender's <br /> ! interest in the Property. <br /> E 9. CoodemnaHoa. ?he proceeds of any award or claim for damages, direct or consequential, in connection with any <br /> j condemnation or other taking of the Property, or part thereof. or for conveyance in lieu of condemnation, are hereby assigned <br /> ' and shall be paid to I.endec <br /> < In the event of a total taking of the Properry, the proceeds shall be applied to the sums secured by this Mortgage. ' <br /> ', j with the excess, if any, paid to Borrowec In the event of a partiai taking of the Property, unless Borrower and Lender <br /> , otherwise agree in writing, there shall be applied to the sums secured by this Mortgage such proportion of the proceeds <br /> ; as is eqaat to tha[ proportion which the amount of ihe sums secured by this Ffortgage immediatety prior to the date of <br /> ' � taking bears to the fair market value oP the Property immediately prior to the date of taking, with the balance of the proceeds <br /> paid to Borrowea <br /> ? If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offera to make <br /> ! an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date such notice is <br /> � mailed, Lender is authoriud to collect and apply the proceeds, at Lender's option, either to restoration or repair of the <br /> � Property or to the sums secured by thu Mortgage. <br /> ; Unless Lender and Borrower o[herwise agree in writing, any such apptication of proceeds to principal shall not extend <br /> � or postpone the due date of the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount of <br /> i such installments. <br /> ; 10. Borrower Not Released. Extension of the time for payment or modi8cation of amortization of the sums secured <br /> A by this Mortgage gwnted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, <br /> ' ; the liability of the original Borrower and Bonower's successors in interest. Lender shall not be required to commence ' <br /> ? proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums <br /> ' ? secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's successors in interest. <br /> : '� il_ Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or <br /> � otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. <br /> s The procurement of insurance or the payment of taxes or other liens or charges by Lender shall not be a waiver of Lender's <br /> � right to accderate the maturity of the indebtedness secured by this Mortgage. <br /> a 12. Remedtes Cmnulative. All rcmedies provided in this Mortgage are distinct and cumulative to any other right or <br /> remedy under this Mortgage or afforded by law or equity. and may be exercised concurrently. independentty or succesaively. <br /> � 13. Successors and Aasigas Bound; Joint and Several T.tabitlty; Capdons. The covenants and agreements herein <br /> � contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, <br /> � subject to the provisions of paragraph 17 hereof. All covenants and agreements of Borrower shall be joint and several. <br /> The captions and headings of the paragraphs of this Mongage are for convenience only and are not to be used to <br /> interprot or define [he provisions hereof. <br /> 14. Notice. Except for any notice required under applicable law [o be given in another manner, (a) any notice to <br /> � Borrower provided for in this Mortgage shall be given by mailing such notice by certified rnail addreued to Borrower at <br /> the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein, and <br /> � (b) any notice to Lender shall be given by certi6ed mail, rewm receipt requested, to Lender's address stated herein or to <br /> such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this <br /> Mortgage shall be deemed to have been given to Horrower or Lender when given in the manner designated herein. <br /> � 15. Uniform Mortgage; Governi� Law; Severability. This form of mortgage combines unifortn covenants for national <br /> ` ; use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering <br /> ; real property. This Mortgage shall be governed by the law of the jurisdiction in which the Property is located. In the <br /> ' # event that any provision or clause of this Mortgage or the Note conflicts with applicable law, such conflict shall not affect <br /> 1 other provisions of this Mortgage or the Note which can be given effect without the conflicting provision, and to this <br /> � end the provisions of the Mortgage and the Note are declared to be severable. <br /> _ � 16. Borrowe�s Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time <br /> , , of execution or after recdrdation hercof_ <br /> � 17. Transfer of tbe Property; Assumpllon. If all or any part of the Properry or an interest therein is sold or transferred <br /> by Honower without Lender's prior written consent, excluding (a) the creation of a lien or encumbrance subordinate to <br /> � this Mortgage, (b) the ereation of a purchase money security interest for household appliances, (c) a transfer by devise, <br /> � descent or by operation of law upon the death of a joint tenant or (d) the grant of any leasehold interest of three ywrs or less <br /> � not wntaining an optioa to purehase, Lender may, at Lender's option, declare alI the sums secured by this Mortgage to be <br /> ; immediately due and payable. Lender shall have waived such option to accelerate if, prior to the sale or transfer. Lender <br /> , i and the peraon to whom the Property is to be sold or transferred reach agreement in writing that the credit of such pecson <br /> J is satisfaetory to Lender and that the interest payable on the sums sewred by this Mortgage shall be at such rate as Lender <br /> : j shall request. If Lender has waived thc option to accelerete provided in this paragraph 17, and if Bortower's successor in . <br /> { interest has executed a written assumption agreement accepted in writing by Lender, Lender shall release Borrower from all <br /> ; � obligauons under this Mortgage and the Note. <br /> If L.ender exercises suc6 option to accelerate. Lender shall mail Borrower notice of acceleration in accordance with <br /> , . y paragraph 14 hereof. Svch notiee shall provide a period of not less than 30 days from the date the notice is ma7ed within <br /> which Borrower may pay the sums declared due. If Borrower fails ro pay such sums prior to the expiration of such period, <br /> � Lender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 18 hereof. <br /> ' `� Nox-Uutrronnt CovexexTs. Borrower and Lender furt)xr covenant and agree as follows : <br /> ;;' } 1& AMlI![�HOO� Remedies. Fscept as peovided in paragnph 17 hereof, upon Borrowee'a brcach of any eovenaat or <br /> � aQreemeut of Borrowv in t6is Mortgsge, includlug the covena�ts to pay when due any wms aecuml by t6is Morlgage, � <br /> Lender prtor to accehratton shal! maa sotice to Borrower as provided in paraqraph 14 hereof specifying: (1) the 6reac6; <br /> � f2) t6e sctlon requlred to cnre sach brea�h; (3) a date, not leas than 30 days fmm tAe date tde notice is mailed to Bortower, ,_ - � <br /> 6y which snch beeach mnet be co�ed; and (4) that failorc to cure snch breacd on or before t6e date specf6ed In tbe notice t , <br /> ", � may xw�t In acceleratloo ot tbe snms aecared by this Mortgaq�e, foreclosun by jodlcisl proceedi� and sale of the Property. � '' <br /> , ¢ The notloe sball faRher tm[orm Borrower oE the right to retnstate after accdersdon and the ri¢t to asseR in the foreclosuro � , .F <br /> m <br /> jprocced(oQ t6e non-exbtenct of a deEaalt or a�ry other defenae of Borrower to acceleraHon sad foreclosure. if the breach ,. <br /> _ � is not cuc+ed on or beforc the date specl6ed io� t6e notice, Lender at Lender's option may declsre atl of the sums xcurcd by ' <br /> thb MorlaaQe to be tmmediatdy doe and payable without Eurther demand and may foreclose by judicFal proceedlvg. Leoder � ' ,� � �r <br /> ; : � s6W be mdited to aollect in anch proceeding sll racpermes ot forcclosurc, inctnding, but not Ilmited tq costa of docomentary � ' � ;,.;, <br /> , evideoce. abetracts and Ktle [epo�la. , : �.• <br /> t 19. Borrowds W�Lt to Rdmbf� Notwithstanding 1.endePs acceleration of the sums secured by this Mortgage, <br /> Borrower sha11 have the rlght to havt any proceedings begun by Lender to enforce this Mortgage discontinued at any time <br /> , s. + <br /> > ' i � <br />